This order under Section 482 Cr.P.C. quashes pending criminal proceedings after a dispute between the applicants and the complainant was settled via Mediation Centre.
The proceedings of complaint case no.26 of 2018 pending before Additional Civil Judge (S.D.) Court No.1, Muzaffarnagar are quashed.
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Court No. - 67
Case :- APPLICATION U/S 482 No. - 2227 of 2019
Applicant :- Swati And 4 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Jagdish Prasad Mishra Counsel for Opposite Party :- G.A.,Pavan Kumar Mishra
Hon'ble Ali Zamin,J .
Heard learned counsel for the applicants, learned counsel for opposite party no.2 and learned AGA for the State.
Both the parties have appeared before the Court today and identified by their respective counsels.
This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the proceeding of complaint case no.26 of 2018 (Radha vs. Swaraj and others) u/s 323, 379, 452, 504, 406 IPC against the applicant no.1 and u/s 323, 452, 504, 406 IPC against the applicant nos.2 to 5, P.S. Kotwali Nagar, District-Muzaffarnagar, pending before the Additional Civil Judge (S.D.) Court No.1, Muzaffarnagar.
This court had referred the matter to the Mediation Centre, vide order dated 21.01.2019, in order to enable the parties to reach an amicable settlement. Pursuant to the said order, parties appeared before the Mediation Centre and with the help of the Mediator the dispute has finally been settled between the parties, vide report dated 17.07.2019.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and the report dated 17.07.2019, submitted by Mediateion Centre of this Court, no useful purpose shall be served by prolonging the proceedings of the above mentioned complaint case.
Accordingly, the proceedings of complaint case no.26 of 2018 (Radha vs. Swaraj and others) u/s 323, 379, 452, 504, 406 IPC against the applicant no.1 and u/s 323, 452, 504, 406 IPC against the applicant nos.2 to 5, P.S. Kotwali Nagar, District-Muzaffarnagar, pending before the Additional Civil Judge (S.D.) Court No.1, Muzaffarnagar are hereby quashed.
The application under Section 482 Cr.P.C. is, accordingly, allowed.
Office is directed to communicate this order to the concerned lower court for compliance.
Order Date :- 20.2.2020
m.a.
1 issue framed by the court
Whether the criminal proceedings under Section 482 Cr.P.C. should be quashed in view of the settlement reached through mediation.
2 provisions across 2 enactments
Swati And 4 Others
Ali Zamin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
